Filenews 21 July 2021
A delay in the structural reform of the Cypriot justice system is recorded by the European Commission in its second report today on the rule of law.
The 2021 report, which concerns all EU Member States, examines new developments since last September, deepening the assessment of the issues identified in the previous report and taking into account the impact of the COVID-19 pandemic. Overall, the report shows that there have been many positive developments in the Member States, including cases of challenges identified in the 2020 report.
With regard to Cyprus, the Commission states that the bill to divide the existing Supreme Court into the Supreme Constitutional Court and the Supreme Court, as well as the procedures for appointing the judges and presidents of these two new courts, is pending before the House of Representatives and notes that these appointments will be decided by the President of the Republic, following a non-binding opinion of the Advisory Judicial Council.
The Commission, in its summary of its Report on Cyprus, notes the importance of this reform guaranteeing the independence of the judiciary, in accordance with EU law and taking into account the recommendations of the Council of Europe.
The recommendation of an Court of Appeal is also being debated before the House of Representatives. The establishment of special courts and the restructuring of courts are under way, and the new rules of civil procedure have been introduced, aimed at speeding up judicial proceedings.
The Commission also states that the powers of the Legal Service continue to be strengthened, including the separation of functions and recruitment procedures.
Further reforms, noted in the Report, aim to address significant challenges to the efficiency and quality of the justice system, in particular with regard to digitisation. Civil, commercial and administrative judicial proceedings remain extremely time-consuming.
With regard to corruption issues, Cyprus continues to improve its legislative framework although some important reforms are pending, such as the establishment of an anti-corruption agency, the protection of whistle-blowers, the regulation of lobbying lobbying and the submission by elected officials of statements on their property situation.
It is noted that the Office for Transparency and Corruption Prevention is tasked with overseeing the implementation of a new anti-corruption plan for the period 2021-2026. The investigation of corruption cases has continued, the Commission points out, with the manipulation of sporting events being a particular area of risk, although the number of corruption cases judged remains low.
The Commission also states in its Report that the Legal Service of the Republic has received new resources and an amendment to the Penal Code has increased penalties for the offence of abuse of power, enabling the possibility of using specific investigative techniques to investigate this offence.
The government, according to the Commission, has launched an investigation into its citizenship programs for investors to respond to allegations of corruption involving foreigners and high-ranking officials. A new code of conduct focusing on the fight against corruption aims to improve the integrity of the police.
The Report also states that during the COVID-19 pandemic, actions launched to provide financial assistance were accompanied by measures aimed at mitigating the risk of fraud and corruption.
In relation to freedom of expression and the right of access to information, these are legally and formally protected by the Constitution. Secondary law explicitly enshrines the protection of journalistic sources and promotes media pluralism in the fields of radio and television.
The Commission says that in December 2020 secondary legislation established the framework and conditions for public access to information and established the Information Commissioner's office. The bills due to be voted on in the second half of 2021 aim to strengthen the independence of the Cyprus Broadcasting Authority, strengthen guarantees of freedom of speech and transparency of ownership.
Also, during the pandemic no use was made of the possibility of declaring a state of emergency enshrined in the Constitution. However, restrictions were imposed on citizens and businesses under the Infectious Diseases Act, which authorises the cabinet to issue decrees on the COVID-19 pandemic.
Finally, the Commission states that some civil society organisations still face a number of challenges in terms of the registration framework, as highlighted in the 2020 report on the rule of law, although improvements are being made to the new legislation, which makes it easier to register NGO federations.
